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Insurance company embroiled in court action over refusal to pay settlement for crashed electric car
Kaieteur News – An insurance company is now the subject of a lawsuit for allegedly failing to pay the claims made to a client for an electric car that was written off in an accident.
The Nissan Leaf Sedan electric car.
According to court documents seen by this newspaper, Alistair Michael Mitchell of Lot “V” Bent Street, Wortmanville, Georgetown insured his 2016 Nissan Leaf sedan electric motor car, PYY 6223, with Assuria Life Guyana Limited for the sum of $2.5 million for the period of March 10, 2020 to December 31, 2020. The car was later insured for the sum of $2.4 million with Assuria for another period – December 31, 2020 to December 31, 2021.
The claim drafted by attorney-at-law, Mohamed Ali, outlined, however, that on the 18th day of August, 2021 the car was involved in an accident at Princes and John Streets, Georgetown, which was reported to the police and the insurance company.
The legal document noted that as a result, the necessary repair opinions and quotes were supplied to the insurance company for processing. Mitchell reportedly hired an insurance broker to manage the negotiations.
Attorney-at-law Mohamed Ali
He explained in the lawsuit that it was “after several back and forth negotiations between my broker, Raj Singh Insurance Brokers & Risk Management Consultants Inc., and Assuria, that I accepted the insurance offer for the sum of $1,670,500.00.”
He explained further that a condition of settlement was that: “I [the applicant] needed to transfer over to Assuria Life (GY) Inc. my 2016 Nissan Leaf sedan registration, PYY 6223, electric motor car which was done and later deliver to Assuria Life (GY) Inc. and I was told I would be contacted to uplift my cheque.”
According to the plaintiff a few days after dropping off his electric car at Assuria Life (GY) Inc.’s head office, he was informed that the car was sold and the insurance company was waiting for the cheque to be cleared before he received the settlement.However, by a letter dated the December 28, 2021, the company wrote to Mitchell rescinding the offer of $1,670,500.00 based on a new “finding” after it was sold and delivered to a third owner.
On December 30, 2021, Mitchell sent a lawyer’s letter rejecting the new finding which was done approximately two weeks after he handed over possession of the Insurance Company, demanding instead that they make the payments.
The respondent (Assuria) through a lawyer’s letter responded giving more reasons for rescinding the offer. In that letter, which was seen by this newspaper, the insurance company alleged that it received conflicting reports about the accident. Among the reports, the company said was the police report which did not bear out Mitchell’s version of the incident.
There was also information to the effect that the battery of the vehicle was stripped, according to the insurance company.
In the circumstances, Mitchell explained that he was left with no other choice but to take the company to court. In the court document, he rejected the notion that he acted to his detriment based on an offer and acceptance by the respondent by transferring the motor car into the company after accepting their offer. He contends that “…The alleged new evidence was not there when myself and agents of Assuria Life (Gy) were present during all inspections prior and during the handing over of the car to the insurance company.”
As a consequence, Mitchell submits that the insurance company is in breach of the agreement of settlement to pay him the sum of $1,670,500.00. He is, therefore, asking the court to grant a judgment that the company pays him the sum of $2.4M on Insurance Policy PC for the period of coverage, December 31, 2020 to December 31, 2021. Alternatively, the plaintiff is prepared to accept judgment in the sum of $1,670,500.00.
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